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By virtue of its ambiguity, it has largely been left to the courts to flesh out the scope and application of the precautionary principle. This paper examines the contribution made by EC courts to defining the parameters of precautionary decision making. In so doing, it illustrates that, though the precautionary principle is seen to operate in a number of regulatory contexts, discernible trends in judicial interpretations of precaution and the underlying notion of ‘uncertainty’ can nevertheless be identified. In contrast with early judgments, the courts are beginning to explicitly interpret risk assessment processes as having a pivotal role in determining precautionary intervention. Rather than finding simply that circumstances of uncertainty warrant precautionary measures, the courts have started to require that clear, or ‘concrete’, evidence of harm, deriving from risk assessment, is established before intervention is justified. This paper posits three explanations for this shift: (i) the ‘better regulation’ initiative within Europe; (ii) the Commission's Communication on the Precautionary Principle; and (iii) WTO litigation on precautionary safeguard measures. The judicial move to affiliate precaution with risk assessment processes in decision making can be seen as a reflection of these factors.  相似文献   

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In this paper, we first give an overview of what has happened in Europe within the area of regulation over the past 5 years or so. We then examine where the new European Commission and the Parliament are with regard to evidence-based and risk-informed policy-making taking a specific look at the importance of transparency among European regulatory agencies, the calls for better regulation that were initiated by First Vice President Timmermans, and the continued mis-use of the precautionary principle. In the final section, we provide a number of recommendations on what the Commission and the Parliament should do going forward including moving away from fish bowl to science-based transparency, making the member states more receptive to science-based policy-making and strengthening the capacity of the European Commission to further promote evidence-based and risk-informed policy-making.  相似文献   

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The environmental risk associated with genetically modified organisms (GMO) implies that new approaches to risk assessment, risk management and risk communication are needed. In this paper we discuss the role of the precautionary principle in policy responses to GMO risk. We first discuss application of the criteria in the European Environment Agency report “Late lessons from early warnings: The precautionary principle 1896–2000” to environmental GMO risk, with focus on crop plants. Moreover, we discuss Bayesian analysis in the context of improving the informational basis for decision‐making under uncertainty. Finally, environmental uncertainties are intertwined with economic uncertainties. Providing incentives for improved risk assessment, risk management and risk communication is crucial for enhancing environmental and social responsibility and thereby facilitate implementation of precautionary approaches. We discuss environmental and social screening of companies as an example of how such incentives can be provided.  相似文献   

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木文以二项分布为基础,建立一个风险收益模型作为证券交易策略风险评估的理论依据。该模型从理论和实证上证明:在单次交易的收益率不变以及不考虑交易成本的条件下,交易策略的长期风险不依赖于交易次数,只取决于正收益相对负收益的幅度,而不取决于正收益在总交易次数中的比率。该模型作为风险评估工具为证券交易策略提供了理论基础,同时给出了通过计算交易策略的alpha值来估计其长期风险的预测方法。  相似文献   

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Stakeholder risk and benefit perceptions and attitudes towards a technology matter for the societal response to these technologies. This is especially the case for technological innovations where the public has no direct experience with the technology and its applications. In such cases, expert views are the main source for public opinion formation. Stakeholder risk and benefit perception, and their effect on attitudes towards a new technology (nanotechnology) and its applications were examined in two studies. In a survey, the effect of risk and benefit perception on attitudes to nanotechnology in specific application domains (energy, water, food and medicine) was examined. While risk and benefit perception predicted much of the variance in attitude, experts were more positive about medicine applications and more negative about food applications than could be explained through risk and benefit perception. In the second study, expert focus groups were asked for reasons why food and medicine were seen as more negative and positive than based on the risk and benefit perceptions as measured in the survey. For medicine, the urgency and unique potential of nanotechnology was seen as a reason as why this domain was liked more. For food, the high level of uncertainty about risk assessment and about exposure of consumers and the lack of urgency in applying nanotechnology to food was seen as a reason this domain was liked less. In addition, experts voiced concern about potential negative public response to food applications as reasons for their negative attitude. These results thus suggest that both risk and benefit perception consist of multiple dimensions that require further exploration.  相似文献   

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This paper considers how perceptions of costs and benefits can influence the association between personality and risky choice behaviour. We assessed perceptions and behaviours in six domains (ethical; investment; gambling; health and safety; recreational; social) using the DOSPERT and measured personality using the NEO PI‐R. Results from structural equation modelling showed that personality had a direct effect on risky choice behaviour in four domains (social, ethical, gambling and recreational risk‐taking). In addition, perceived costs and benefits mediated the relations between personality and risk‐taking in the five domains (social, ethical, gambling, recreational and investment risk‐taking). Evidence for a mechanism that integrates both direct and indirect effects of personality on behaviour is discussed.  相似文献   

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Risk analysis should be symmetrical in the sense that when evaluating an option for decision-making, we assess the risks that it may increase in the same way as those that it may decrease. However, implementing such symmetry is not always easy. In this contribution, five complications that have to be dealt with are introduced and briefly discussed: (1) We need to take all types of advantages and disadvantages into account, not only the risks. (2) There is more than one way to weigh risks against each other. (3) Decision-makers may legitimately put more weight on the direct effects of their decisions than on more indirect and uncertain effects, in particular, if the latter fall outside of their area of responsibility. (4) When a trade-off between risks is unsatisfactory, we should search for innovative solutions that make the trade-off unnecessary. (5) An exclusive focus on risks does not solve the incommensurability problem.  相似文献   

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肖崎 《济南金融》2012,(1):17-22
金融市场流动性的逆转以及金融机构所具有的高杠杆率、高关联度特征,共同催生了新的系统性金融风险隐患,使得现代金融体系的风险产生和传递完全呈现出新的特征。监管当局需要研究现代金融体系中更为广泛的、复杂的系统性风险的触发点,加强对金融市场中系统性风险的认识和防范,协调宏观审慎管理和微观审慎管理,加强货币政策的金融稳定职能。  相似文献   

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Impact Assessments (IAs) were introduced at the EU level under the rhetorical facade of ‘better regulation’. The actual aim was to improve not only the quality but also the reputation of EU regulation before stakeholders. However, evidence brought forward by a number of evaluations pointed out that IAs are yet to achieve acceptable quality standards. The paper offers an overview of different disciplinary approaches for looking at IAs. It suggests that risk regulation encompasses the theoretical foundations to help understand the role of IAs in the EU decision‐making process. The analysis of 60 early days preliminary IAs provides empirical evidence regarding policy alternatives, methodology of consultation and use of quantitative techniques. Findings suggest that dawn period IAs were used mainly to provide some empirical evidence for regulatory intervention in front of stakeholders. The paper concludes with assumptions about the future role of IAs at EU level.  相似文献   

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In Canada, parents can give blood exclusively for their child’s transfusion, a process known as directed donation. This qualitative study aimed to understand parents’ perceptions in seeking to provide blood for their newborn. Ten parents whose preterm children were cared for in the Neonatal Intensive Care Unit of one Canadian hospital were interviewed. The beliefs and experiences of parents with regard to directed donation were analyzed with reference to their understanding of the risks and benefits of this form of transfusion. Interview data revealed that parents had little knowledge or understanding of the medical benefits and risks of directed donation and based their decision to seek this type of transfusion largely on emotional grounds. In addition, despite their preference for directed donation, most infants whose parents were interviewed in this study, for practical reasons could not be given this type of transfusion. This may have magnified risk perceptions of non‐directed transfusions. Parents need to be better informed about the medical risks and benefits of directed donation and the actual likelihood that their child will be able to receive this type of transfusion.  相似文献   

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This study investigates the multiplicity of sciences and the assemblage of technocracy with the precautionary principle (PP) in the Korean risk governance of mad cow disease (Bovine Spongiform Encephalopathy [BSE]). It conducts a policy typological analysis and a sociocultural analysis of the PP. Korean BSE policies are built on the technocratic PP. This principle emphasizes the scientific evidence of risk, although taking precautionary policy actions against BSE. This principle led to the absence of a total BSE inspection, a specified risk material policy for Korean cattle, a Hazard Analysis and Critical Control Point policy for beef processing and circulation, and an animal feed ban on nonruminants. Moreover, the BSE debate is not one about a unified science vs. a unified PP, but rather it concerns complex struggles between PPs in alliance with different sciences.  相似文献   

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Public–private partnerships (PPP) have been widely used in China to procure public facilities and services. Complicated problems in PPP projects in China arise because of a variety of risk factors. A proper risk assessment model is needed to identify risks and provide risk response strategies for future Chinese PPP projects. The fuzzy analytic hierarchy process (F-AHP) method provides the ability to solve complex risk assessment of PPP projects. Current risk assessment models are limited to PPP projects in specific countries and do not consider unique risks in China, especially political, economic, social, and legal risks. This paper designed a risk evaluation index system for PPP projects based on the Delphi expert investigation method, and then established an optimized risk evaluation model for PPP projects in China using the F-AHP method. The risks identified are confirmed by interviewing experts from Chinese local government departments, private enterprise, third-party intermediary consulting and regulatory agencies, and academic organizations. The results show that the risks that ranked among the top ten are closely related to China’s political and economic policies and relationships among stakeholders. It can be concluded that government authorities play a critical role in providing a favorable political, social, and economic environment and an effective institutional framework for PPP projects. Furthermore, it is also important to deal with relationships among stakeholders based on the public–private ‘win–win’ principle. This study provides risk response strategies, addressing key issues from eight aspects: an impeccable legal and regulatory framework; a central coordinating and regulating PPP authority; supportive governmental authorities; institutional capacity-building; favorable economic conditions and viability; community, partner, and moral accountability; clear division of responsibilities through contracts; and effective advisory management. These effective measures may be useful in reducing the adverse effects of risk for PPP projects in China.  相似文献   

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The paper examines property insurance contracts in which consumers choose the upper limit on coverage. Exclusions are of two types, and both reduce the demand for insurance of the included perils. A practical implication is that an insurer can raise the demand for fire insurance by offering an earthquake rider, and profit from the rider even when the premia are ceded in such a way that the rider does not raise profit directly. The results do not require assumptions about correlations between included and excluded losses, which is interesting because correlations are decisive in most of the other literature on background risk.  相似文献   

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This paper takes its point of departure in Ulrich Beck’s theory of risk society and the aspects that characterise this society. The paper puts forward a hypothesis, on which theoretical challenges the characteristics of risk society pose to impact assessment as a decision support tool; namely, the challenge of delivering assessments and predictions and the challenge of handling differences of opinion and debate. Through a case example of integration of climate change in strategic environmental assessment, the paper uses empirical evidence from a survey and a series of interviews to carry out a preliminary discussion of how the theoretical challenges are reflected in practice. The case study results show that the challenge of delivering assessments and predictions in a risk society is reflected in the current state of practice, while the challenge of handling differences of opinion and debate is not clearly reflected.  相似文献   

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  总被引:1,自引:0,他引:1  
Important determinants of risk perceptions associated with foods are the extent to which the potential hazards are perceived to have technological or naturally occurring origins, together with the acute vs. chronic dimension in which the potential hazard is presented (acute or chronic). This study presents a case study analysis based on an extensive literature review examining how these hazard characteristics affect people’s risk and benefit perceptions, and associated attitudes and behaviors. The cases include E. coli incidences (outbreaks linked to fresh spinach and fenugreek sprouts), contamination of fish by environmental pollutants, (organochlorine contaminants in farmed salmon), radioactive contamination of food following a nuclear accident (the Fukushima accident in Japan), and GM salmon destined for the human food chain. The analysis of the cases over the acute vs. chronic dimension suggests that longitudinal quantification of the relationship between risk perceptions and impacts is important for both acute and chronic food safety, but this has infrequently been applied to chronic hazards. Technologies applied to food production tend to potentially be associated with higher levels of risk perception, linked to perceptions that the risk is unnatural. However, for some risks (e.g. those involving biological irreversibility), moral or ethical concerns may be more important determinants of consumer responses than risk or benefit perceptions. (Lack of) trust has been highlighted in all of the cases suggesting transparent and honest risk–benefit communications following the occurrence of a food safety incident. Implications for optimizing associated risk communication strategies, additional research linking risk perception, and other quantitative measures, including comparisons in time and space, are suggested.  相似文献   

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The importance of travel risk has been recognized, but only a limited number of studies have been conducted on this risk and the precautionary actions the public may take to manage it during holidays. This study applied the protective action decision model and the protection motivation theory to examine the public’s intent to take precautionary actions during holiday times to handle the risk of overcrowding in China. Our survey showed that efficacy-related attributes of precautionary actions were positively correlated, whereas resource-related attributes were negatively correlated, with the intention to take precautionary measures. Risk perception also significantly influenced the adoption intention, but the amount of variance in the intention to adopt precautionary actions that was motivated by risk perception was lower than that related to efficacy-related attributes. In addition, we found that risk perception mediated the influence of past overcrowding experiences on people’s intention to adopt precautionary measures. Travel frequency, length of time spent away for the holiday, and the number of underage family members involved were significantly correlated with the intention to adopt precautionary actions. Finally, this paper discussed suggestions and implications for travelers, tourist departments, and related stakeholders.  相似文献   

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The number of road tunnels in Europe has increased rapidly over the last years. Nevertheless, this increasing number is raising upfront an endogenous problem, which is the severity of accidents that may occur. After the spate of tunnel fires in Europe over the past decade, the European Commission embarked upon a major review of road tunnel safety and launched the Directive 2004/54/EC that sets minimum safety requirements and suggests, apart from the measures imposed based on tunnel characteristics, the implementation of a risk assessment in several cases. As a result, many risk assessment methods have been proposed worldwide, most of them based on quantitative risk assessment (QRA) models. Although QRAs are helpful to address physical aspects and facilities of the infrastructures, current approaches in the road tunnel field have several challenges to meet in order to provide decision-makers with the overall risk picture. Taking into account that QRAs are progressively becoming the selected method to manage tunnel safety and risk, this paper’s purpose is twofold. On the one hand, it aims to inform safety managers and engineers about items which are not adequately handled by current road tunnel QRA models. On the other hand, it aims to suggest potential areas in which improvements should be made. Taking into consideration the challenges and the limitations discussed herein, this paper concludes that QRA models should not be the single criterion for the safety assessment process of these critical infrastructures.  相似文献   

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The risk journal literature lacks a clear and simple account of the conceptual issues involved in determining the overall risk of an action, and in explaining how risk is additive. This article attempts to bring a measure of clarity to these issues in as basic and non‐technical a way as possible. First of all, the view that risk is ‘expected harm’ is explained. The view that risk is a quantitative concept is then defended. The distinction between the risk run by doing action A in respect of possible outcome x, and the overall risk run by doing action A in general is explained, as is the position that the overall risk of A is determined by summing the risks of each possible harm that A could give rise to. The article then explains how risks can be summed over time, as long as the probabilities involved are determined according to probability theory. Finally, the article explains that in a doing a risk‐benefit analysis of A, positive aspects of a possible outcome x, where x is harmful on balance, must be incorporated into x's level of harm rather than incorporated into the benefit side of the risk‐benefit analysis of A.  相似文献   

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